Registration Act, 1908, Section 72 -- Refusal to register document - Once document is made valid earlier by registering authority, it is not open for registering authority to declare validated document as a document having no force of law and refusal to register such validated document ex facie illegal...........
Indian Penal Code, 1860, Section 341, 143, 147, 149, 353, 504, 506 -- Offence u/ss 341, 143, 147, 149, 353, 504, 506 IPC - Quashing of FIR - Role of petitioner nowhere mentioned in FIR - Even if Court presumes petitioner present at the spot, it would still not lead to an automatic inference of her acting with a common object with those who had inflicted fist blows, hurled..........
Evidence Act, 1872, Section 63, 65, 74, 77 -- Secondary evidence - Xerox copy of a public document is inadmissible in evidence unless and until it is proved in a way as provided under the law...........
Bank locker -- Proper procedure for operating and allotting lockers be followed, viz. (a) maintenance of a locker register and locker key register; (b) Locker register shall be consistently updated in case of any change in allotment; (c) Bank shall notify the original locker holder prior to any changes in the allotment of the locker, and give them reasonable opportunity..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law - Partition suit - Question as to whether suit is maintainable or not or whether plaintiffs are entitled for relief of partition, would have to be adjudicated after evidence is lead by both the parties - It cannot be concluded that suit is barred and plaint is liable to rejected..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage is a question of law - But it is out of concern of Family Court while exercising jurisdiction u/s 125 Cr.P.C - It is within realm of civil Court to adjudicate it - Family Court exercising jurisdiction u/s 125 Cr.P.C thus, bound by a decree passed by Civil Court on validity of marriage..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence struck off for non-payment of maintenance - Husband paid full outstanding maintenance amount to wife - Direction therefore, given to Family Court, in case husband has paid all outstanding amount of maintenance allowance, direction of striking out defence of husband shall not be given effect to and..........
Constitution of India, 1950, Article 226 -- Writ Jurisdiction - Presence of an arbitration clause does oust jurisdiction u/art 226 in all cases though, it still needs to be decided from case to case as to whether recourse to public law remedy can justifiably be invoked...........
Civil Procedure Code, 1908, Section 80(2) -- Notice u/s 80(2) CPC - Suit for declaration against termination of lease agreement - Prayer made in suit as well as application U.O.39.Rr.1, 2 CPC would necessarily have to be decided by trial Court after issuing notice to defendants - Urgency as pleaded by plaintiff in plaint and in application U/s 80(2) CPC cannot be..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 21 -- Appeal - Pre-deposit - In all fifty per cent of decretal amount i.e. the debt due is to be deposited before DRAT as a mandatory requirement but in appropriate cases for reasons to be recorded the deposit of at least twenty five per cent of the debt due is permissible, but not entire waiver -..........
